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Assets, Crimes, and the State: Innovations in 21st Century Legal Responses

I Innovative techniques and new perspectives on existing techniques Dirty money and the new responses of the 21st century Too much information? Evaluating the financial intelligence gathering provisions of the Fourth European Union Anti-Money Laundering Directive and the Common Reporting Standard in combatting tax evasion Introduction The evolution of the AML framework The relationship between money laundering and tax evasion Evaluating the use of SARs in detecting and combatting tax crimes The OECD and international cooperation in tax matters The CRS Evaluating the CRS in detecting and preventing tax crimes Too much information?Conclusion Cooperation between financial intelligence units in the EU: challenges for the rights to privacy and data protection Introduction FIU cooperation - unravelling the EU legal framework FIU cooperation - at what cost for the rights to privacy and data protection?Concluding remarks Risk-based approach: is it the answer to effective anti-money laundering compliance?Aims and introduction The RBA: origin and definition Challenges posed by the RBA Contradictions in the RBA The concept of suspicion Contradiction between how the law defines the RBA and how the FCA seeks to implement it Tension between the FCA and banks/financial institutions Increasing financial penalties is not the key to an effective RBA Conclusion Unexplained wealth orders: an evolving approach to enhancing the effectiveness of the anti-money laundering regime in the United Kingdom Introduction UWOs Potential human rights issues Conclusion Social value or social harm? The impact of the Proceeds of Crime Act 2002 upon the defendant and their families Introduction Positioning the responses of those subject to confiscation The ‘view from below’Loss of the family home and the impact on the wider family All-or-nothing How do they respond?Conclusion II Innovative assemblages of government Legal professionals as dirty money gatekeepers: the institutional problem Introduction Resistance to gatekeeping: the liberal democratic self-narrative Resistance to gatekeeping: the institutional dimension Public image of the profession Self-regulation of the profession Implications of institutional consciousness for gatekeeping: banking vs. legal professionals Conclusion Occupation, organisation, and opportunity: theorising the facilitation of money laundering as ‘white-collar crime’Introduction Methodology The facilitation of money laundering as ‘white-collar crime’The occupational context ‘Normal‘ transactions Legitimate and specialised access Confidentiality and privilege The organisational setting Size and complexity Autonomy and oversight Organisational form Conclusion New payment systems: potential counter-terrorist financing risks and the legal response in the United Kingdom Introduction How new payment systems work Prepaid cards Potential CTF risks of prepaid cards Mobile payment services Potential CTF risks of mobile payments Internet-based payment services and virtual currencies Potential CTF risks of Internet-based payment services and virtual currencies CTF and the international standards The legal response in the United Kingdom to terrorist financing via new payment systems Concluding remarks The use of cryptocurrencies in the UK real estate market: an assessment of money laundering risks Introduction Money laundering and the use of cryptocurrencies: concerns for the UK real estate market Cryptocurrency transactions in the UK real estate market: approaches and issues Some considerations on future legislation and shared governance Conclusion Criminal money and antiquities: an open-source investigation into transnational organised cultural property crime Introduction Using open-source intelligence to inform policy and practice How innovative assemblages can facilitate traditional governance Identified evidence of money laundering and conflict financing Colombia Mexico Conclusion III Country-specific insights or rebellion UK corporate corruption: a regulatory paradox Introduction Context The Bribery Act 2010 The rise of corporate self-regulation Adequate procedures: self-regulation in practice Critique The weaknesses of self-regulation The regulatory approach The need for enhanced oversight Conclusion Corporate criminal liability and the failure to prevent offence: an argument for the adoption of an omissions-based offence in AML Introduction Identification principle Omissions and corporate liability FTP and the Bribery Act 2010 Criminal Finances Act 2017 and omissions-based offences Sanctions and Anti-Money Laundering Act 2018: a missed opportunity?Corporate failure to prevent economic crime proposal Conclusion The development of laws in Kuwait to combat corruption: a work in progress Introduction Overview of Kuwaiti corruption by reference to case studies The cases of the Kuwait Investment Authority (KIA) and Kuwait Oil Tanker Company (KOTC)The case of Kuwait’s Public Institution for Social Security (PIFSS)The Parliament scandal Legality principle Emergence of new anti-corruption law in Kuwait Analysing illicit enrichment under Kuwait law Illicit enrichment and fairness Recommendations Conclusion Proceeds of corruption crime: the Kuwaiti legal response Introduction The problem of corruption in Kuwait Kuwaiti laws on proceeds of corruption Interim and provisional measures Confiscation and forfeiture Innovative approaches to proceed of corruption Civil forfeiture UWOs Innovation in Kuwait: importance and challenge Conclusion The suspension of Nigeria from the Egmont Group and its re-admittance Introduction Nigeria’s AML/CFT legal frameworks The National Drug Law Enforcement Agency (NDLEA) Act 1989 Money Laundering Prohibition (MLPA) Act 2011 The Economic and Financial Crimes Commission Act 2004 Terrorism (Prevention) (Amendment) Act 2013 Corrupt Practices and Other Related Offences Act 2000 Nigeria’s suspension from the Egmont Group and its implications The systemic challenges to the implementation of AML/CFT standards in Nigeria Conclusion The Qatar crisis, legitimacy, and the use of sanctions against terrorist financing Introduction The nature and value of legitimacy to international relations The legality of the resort to sanctions against Qatar The legitimacy of the sanctions against Qatar Conclusion Iran responds: international counter-terrorism financing framework Introduction Reliance on general laws (2001-2008)The anti-money laundering law (2008-2016)The Law of Combating the Financing of Terrorism (2016-present day)Conclusion Select bibliography

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